Procurement of Food for Schools Regulations, 2018

L.N. 266 of 2018

HEALTHY LIFESTYLE PROMOTION AND CARE OF NON-

COMMUNICABLE DISEASES ACT

(CAP. 550)

Procurement of Food for Schools Regulations, 2018

IN EXERCISE of the powers conferred by article 6 of the

Healthy Lifestyle Promotion and Care of Non-Communicable

Diseases Act, the Minister responsible for Health in agreement with

the Minister for Education and Employment, after consultation with

the Advisory Council on Healthy Lifestyles has made the following

regulations:-

The title of these regulations is the Procurement of Food for Citation.

Schools Regulations, 2018.

In these regulations, unless the context otherwise requires

Interpretation.

''Act'' means the Healthy Lifestyle Promotion and Care of Cap. 550.

Non-Communicable Diseases Act;

"Advisory Council" means the Advisory Council on

Healthy Lifestyles established by article 4 of the Act;

"food" shall have the same meaning assigned to it in the Cap. 449.

Food Safety Act;

"school" shall have the same meaning assigned to it in the Cap. 327.

Education Act;

"water intended for human consumption" shall have the

same meaning assigned to it in the Water Intended for Human S.L. 449.57.

Consumption Regulations.

(1) In schools, only food that meets the requirements as Food sold or

outlined in the criteria issued by the Advisory Council may be offered provided

schools.

for sale or sold or in any manner provided by the administration of

schools.

(2)

Schools shall

(a) implement a programme for the promotion of healthy

eating to be established on the criteria issued by the Advisory

Council;

(b) not permit any advertising of or accept sponsorships

by food products not allowed in accordance with the criteria

issued by the Advisory Council.

Schools shall ensure that water intended for human

consumption shall be made available.

(1) Where the Superintendent of Public Health believes

that a person has committed an offence against these regulations, the

Superintendent of Public Health may give notice in writing to such

person describing the offence of which the person is accused,

indicating the steps to be taken to remedy the offence and the

administrative fine of one hundred euro (€100) that is being required

to be paid in respect of that offence, within fifteen days from the date

of the notice

Provided that the Superintendent of Public Health may

issue an abatement notice in lieu of the administrative fine, as provided

in article 12 of the Public Health Act.

(2) If a person commits an offence against these regulations for

a second or subsequent time, the fine may increase to a maximum of

two thousand five hundred euro (€2,500).

(3) If a person commits an offence against these regulations for

a second or subsequent time, or the administrative fine is not paid

within the stipulated time-frame, the Superintendent of Public Health

has the right to institute proceedings against the person for breach of

these regulations in accordance with article 9 of the Act

Provided that, notwithstanding the provisions of article

376(1)(b) of the Criminal Code, the court shall, at the request of the

prosecution or of the accused, take down evidence given by the

witnesses in the manner provided for in article 390(6) of the said Code

or in any other law.

(4) In any proceeding or prosecution in accordance with the

Act or these regulations, a copy of any order, notice, decision or other

document purporting to have been made under the Act or these

regulations, and purporting to have been signed by Superintendent of

Public Health, shall be accepted as evidence of the order, notice,

decision or other document and of the facts appearing therein, without

the need of any other evidence.

€0.18